County Government of Mandera & another v Attorney General & another; Hussein Dayow Abdullahi & 3 others (Interested Parties) [2020] KEELRC 893 (KLR)

Summary at a glance

Facts

The petitioners filed a petition against the Public Service Commission and the Attorney General, challenging the constitutionality of certain sections of the Public Service Commission Act and Regulations. The petitioners also sought to quash decisions in appeals held by the Public Service Commission.

Issues

• Constitutionality of Public Service Commission Act and Regulations
• Constitutionality of Public Service Commission (County Government Public Appeals Procedures) Regulations
• Constitutionality of Public Service Commission Act Sections 87(2), 88(1), 88(6), and 88(9)
• Constitutionality of Public Service Commission (County Government Public Appeals Procedures) Regulations Regulations 4, 13(3), and 26(A) and 27

Reasoning

The court found that the petitioners' claims were not supported by the constitutional and statutory background provided, and the decisions in the appeals were within the powers granted by the Constitution and the law.

Outcome

The petition was dismissed.

Orders

• Conservatory order to stay and suspend the decision made by the Public Service Commission on 05.12.2018 and to stay any adoption and enforcement proceedings by the interested parties in any way whatsoever.
• Order of certiorari to quash the proceedings in Appeals No. 58 of 2018, 59 of 2018, 60 of 2018, 61 of 2018 and 62 of 2018 before the Public Service Commission.
• Order of certiorari to quash the decisions of the Public Service Commission in Appeals No. 58 of 2018, 59 of 2018, 60 of 2018, 61 of 2018 and 62 of 2018 delivered by way of a letter dated 05.12.2018.

Remedies

• Costs of the petition be provided for.

Authorities cited